Court : Delhi
Reported in : AIR2006Delhi339; 2006(2)ARBLR293(Delhi); 2006(90)DRJ211
..... was whether the party claiming compensation 'must prove' the loss suffered by him. the supreme court found that the tribunal had failed to consider sections 73 and 74 of the indian contract act and the ratio laid down in fateh chand's case (supra) wherein it was specifically held that the jurisdiction of the court to award compensation in case of breach of ..... its obligation and the same was in the nature of compensation for the loss to be suffered by the petitioner. thus the principles of sections 73 and 74 of the indian contract act, 1872 would come into play and this would be different from an amount stipulated as a genuine pre-estimate of damages not amounting to a penalty. 10. learned counsel referred ..... shows that the encashment of bank guarantee and imposition of liquidated damages is as a compensation for the loss and, thus, the principles of sections 73 and 74 of the contract act would come into play. 26. the arbitrator has arrived at a finding about the remoteness of damages, but at the same time has upheld the claim on the ground that ..... government would be entitled to claim damages and not otherwise. 14. in pollock & mulla's indian contract & specific relief acts, three several cases have been very lucidly discussed, where time can be termed to be the essence of contract:1. where the parties have expressly stipulated in their contract that the time fixed for performance must be exactly complied with; 2. where the circumstances of .....Tag this Judgment!
Court : Delhi
Reported in : LC2008(2)416; 2008(36)PTC610(Del)
..... fraud. to prove a case of fraud, it must be proved that the representation made was false to the knowledge of the party making such representation. (see: pollock & mulla :indian contract & specific relief acts (2001) 12th edn. p.489)8. in the present case, except for stating in the statement of the case that the impugned registration was obtained by playing fraud on ..... cm(m) no. 793/2000 in this court. however, the said appeal was transferred to the learned intellectual property appellate board in terms of section 100 of the trade marks act, 1999. the learned appellate board considered the pleadings of the parties and thereafter allowed the appeal filed by respondent no. 1 holding that respondent no. 1 did not commit any .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(8)SCALE106; 2008AIRSCW6743
..... against other modes of acceptance, such as verbal or written communication contemplated by sections 7 and 9. therefore, in a way section 8 provides undoubtedly a uniue provision in the indian contract act. it embraces a case to cite an instance of a reward offered for the finder of a lost article. if a person restores found article to the one who offered ..... whether the basis of making a demand itself can be changed. the answer to the said question, in our opinion, must be rendered in negative.28. section 8 of the indian contract act reads as under:section 8. acceptance by performing conditions, or receiving consideration-- performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which ..... into by the parties, it will bear a repetition to state, must be certain. it must conform to the provisions of the indian contract act. ordinarily, the word `prescribed' would mean prescribed by rules. section 7(2)(ee) of the indian telegraph act provides for the rule making power for the purpose of laying down the tariff. we may not be understood to be laying ..... , may refer to the statutory provisions or refer the same by way of incorporation by reference.18. a contract qua contract, however, must be consensual. it must meet the statutory requirements and reasons under the provisions of the indian contract act. when a contract is entered into by and between the parties, what is determinative is enforcement of the terms and conditions to be governed .....Tag this Judgment!
Court : Patna
..... really meant the time named to be the essence of the contract. this principle is fully engrafted in section 55 of the indian contract act. the position in law is that even where the time is not of the essence of the contract, the court may after that in the circumstances of the case ..... the stipulated period. in this view of the matter, the plaintiff respondent was not entitled to get a decree for specific performance of the contract. the learned lower court was in error in decreeing the suit as aforesaid and directing the defendant for execution of the sale deed. the ..... formulated for determination in this appeal:-(i) whether the court of appeal below was correct in holding that the time was the essence of contract?(ii) whether the court of appeal below was correct in law in holding, while reversing the finding of the trial court that the plaintiff ..... district judge reversed the findings of the trial court and held that the plaintiff was not entitled to get a decree for specific performance of contract. against the said judgment of reversal this second appeal has been preferred by the plaintiff-appellant.7. from perusal of the record of this ..... it has to ' be performed within a reasonable time, and it will depend upon the intention of the parties which has to be, ascertained (1) from the expressed stipulation of the contract .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1954Bom491; (1954)56BOMLR575; ILR1954Bom1137
..... letter, there could be no question of the acceptance subsisting until it reached jullunder.'as the learned chief justice harries pointed out, section 4 of the indian contract act creates, in the case of an acceptor, a position which is somewhat different from the position of an offerer. as soon as the communication accepting ..... . justice coyajee in 'bombay steam navigation co. v. union of india (p)' is against the explicit language of the provisions of section 4 of the indian contract act. section 4 says: 'the communication of an acceptor is complete,as against the proposer, when it is put in acourse of transmission to him so as ..... at the place where it is received by the offerer, there will be two acceptances binding on the offerer. such a position is untenable under the indian contract act.it was for this reason that mr. justice patanjali sastri's view on this point in 'sepulchre bros. v. khushal das (h)' was considered ..... of law are entitled to the greatest weight. but, with very great respect, i feel we must turn to the law of contract--section 4 of the indian contract act--in order to see when the communication of an offer is complete, bearing in mind that an offer can be revoked or withdrawn ..... to him air 1942 mad 13 (h)'.mr. justice patanjali sastri was impressed by the argument based on the provisions of s. 4 of the indian contract act and indeed he observed that he should have hesitated to follow the decision of ramesam j. but the english decision which was cited before him .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)
..... on or before the alleged expiry of the claim period on 30th april, 1997, is void as per section 28(b) of indian contract act, newly added by indian contract (amendment) act no. 1 of 1997 which came into effect on 8th january, 1997, when the bank guarantee was alive? 5) whether the rights ..... ltd. reported in : air1966pat69 . it needs to be kept in mind that this decision is in the context of old section 28 of the indian contract act, which corresponds to amended section 28(b). as has been noticed by the legislature, the settled legal position was that distinction was made between remedy ..... discharged of the liabilities under the said guarantees.38. this stand, however, is refuted by the plaintiffs relying on the amended section 28 of the indian contract act, 1872. according to the plaintiffs, by virtue of the said amendment, it is no longer open to the defendant bank to contend to the ..... legal proceedings. (para 16 of the written statement of the defendant no. 2) ? 16) whether amended section 28(b) of the indian contract act provides that the limitation act would come into play only if the plaintiff would have invoked the bank guarantee within the specified period and defendant no. 2 dishonoured the ..... discharged from all their liabilities. according to the defendant no. 2 bank, the plaintiffs were ill-advised to rely on section 28 of the indian contract act, 1872 which amendment had no impact on the contractual obligation qua the defendant no. 2 bank. on the basis of the pleadings of the .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2009KAR4028
..... ii to section 44a c.p.c. it is also not possible to hold that decree sustains a claim founded on breach of section 74 of the indian contract act. for these reasons, points 2 & 3 are answered in the negative.reg: point nos. 4 & 5:22. it is the contention of judgment- ..... proceedings is which judgment is obtained are opposed to principles of natural justice. the judgment sustains a claim founded on breach of section 74 of the indian contract act.vi. the witness statement stated to have been made by mr. ziaulla sheriff is a concocted document.9. sri udaya holla, learned senior counsel ..... the high court of justice, chancery division, london. the judgment awarding damages as aforesteted does not contravene provisions of section 74 of the indian contract act. the parties had entered into contract in u.k., in respect of property situate at u.k. therefore, adjudication of damages by applying english law cannot be termed as ..... the case is the law prevalent in u.k.19. the learned senior counsel for decree-holder would further submit section 74 of the indian contract act does not debar forfeiture of earnest money as damages and levy of damaged for breach of contract20. in a decision reported in : air ..... nature of penalty. as such decree cannot be executed under section 44a of c.p.c. the indian law of contracts, in particular section 74 of the indian contract act does not recognise levy of penalty for breach of contract therefore, the decree is contrary to the law in india.7. i have heard sri s. .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1965AP191
..... 31) for these reasons, we are of the view that the plaintiff would be entitled to relief under sec. 70 of the indian contract act as well.sec. 70 of the indian contract act as well.(32) we could also sustain the claim on the equitable principle of unjust enrichment.(33) for these reasons, we ..... find that the plaintiff-appellant panchayat board is entitled to relief either under sec. 65 or under sec. 70 of the indian contract act or on the principle of unjust enrichment.(34) there is no dispute before us about the quantum as decreed by the first appellate court. but ..... . be it noted that the appellate court did grant relief on the principle of quantum meruit, which is embodied in sec. 70 of the indian contract act.(26) further, para 4 of the plaint states thus in its relevant part :'the defendant nevertheless exercised the right to make the collections of ..... equitable jurisdiction in resorting the parties to the position in which they were before these infructuous agreement came into existence. by holding sec. 65, indian contract act, to be applicable, we will be giving effect to both the letter and the spirit of the law. the same conclusion would be arrived ..... and it is contended by the learned advocate general that the applicant-plaintiff is entitled to relief under section 65 or under section 70 of the indian contract act or under the principle of unjust enrichment.(11) there is no controversy over the facts that the respondent was the highest bidder at the auction, .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1960AP178
..... 83) has succinctly dealt with the position of equity and law in dealing with section 55 of the indian contract act as follows: 'the law applicable to the point is contained in section 55 of the indian contract act, 1872, which provides that - 'when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before ..... nothing further had happened in this case, still we are firmly of the opinion that the plaintiff could have availed himself of the rights available under section 59 of the indian contract act, as in this case clearly there has been a refusal on the part of the defendant to perform his part of the ..... not open to the defendant to question the imperative nature of the operation of section 39 of the contract act in the circumstances of this case. 12. from the foregoing it follows that having regard to the application of sections 39 and 55 of the indian contract act, we are firmly of the opinion that the refusal of the defendant to perform his part of ..... the contract and the time having been made the essence of the contract also, the plaintiff is entitled to succeed in having the relief sought for in the plaint .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1974SC1265; (1974)2SCC231; 3SCR556
..... in india is concerned, there is no qualitative difference in the nature of the claim whether it be for liquidated damages or for unliquidated damages. section 74 of the indian contract act eliminates the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the nature of penalty. under ..... objection raised on behalf of the appellant, filed another interim application no. 746 of 1972 as an independent application under section 41 read with the second schedule to the indian arbitration act, 1940 of 16th may, 1972 praying for the same interim relief a? was claimed in the earlier interim application no. 119 of 1972. both these interim applications were ..... respondent in respect of the pending bills. how it appear that this interim application no. 119 of 1972 was made in the original application under section 20 of the indian arbitration act. 1940 and the appellant, therefore, raised a technical objection that the original application under section 20 having been disposed of, interim application no. 119 of 1972, as filed ..... liable to be settled by arbitration under clause 24 of the general conditions of contract and the respondent, therefore, filed an application in the delhi high court under section 20 of the indian arbitration act for filing the arbitration agreement contained in that clause. the respondent also at the fame time made an application to the delhi high court for .....Tag this Judgment!